“Ratio” of the judges 2 and the NJAC cases
“RATIO” OF THE JUDGES 2 AND THE NJAC CASES -Mathews J. Nedumpara The Supreme Court in Keshavanada Bharati held that the “basic structure” of the constitution is inviolable though fundamental rights could be violated. In Indira Nehru Gandhi and Minerva Mills it was held that from 24.04.1973, the validity of a statute has to be tested on the Basic Structure. Independence of Judiciary is one of the Basic features of the constitution. The independence of the judiciary is not about the independent discharge of the functions of a judge subsequent to his appointment but is all about the very appointment, i.e., who...
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